NLRA

Section 7: the rights at the center of the law

Section 7 gives employees the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their choosing, and to engage in other concerted activities for mutual aid or protection. It also protects the right to refrain from those activities.

The phrase that matters most for non-union employers is protected concerted activity. When two or more employees act together about pay, schedules, safety or treatment, or one employee acts on behalf of others or to prepare group action, that activity is protected whether or not a union is involved. Examples: agents comparing pay in a group chat, warehouse workers jointly complaining about heat, or an employee posting on social media to rally coworkers about a schedule change. Disciplining someone for that conduct can be an unfair labor practice.

Who is covered

The NLRA covers most private-sector employees. It excludes supervisors (people with real authority to hire, fire, discipline or assign work using independent judgment), managers, independent contractors, agricultural laborers, domestic workers in a private home, people employed by a parent or spouse, and employees of federal, state and local governments. Railroad and airline workers are covered by a different law, the Railway Labor Act.

The supervisor exclusion is narrower than many employers assume. A contact center team lead who schedules breaks from a template and escalates problems but cannot hire, fire or discipline is usually an employee under the Act, not a supervisor. Job titles do not decide it; actual authority does. Misclassification of independent contractors also matters here; see worker classification.

Unfair labor practices by employers

Section 8(a) lists what employers may not do:

1. Interfere with, restrain or coerce employees in exercising Section 7 rights.
2. Dominate or interfere with a labor organization, or support it financially.
3. Discriminate in hiring, firing or any term of employment to encourage or discourage union membership.
4. Retaliate against employees for filing charges or testifying under the Act.
5. Refuse to bargain in good faith with employees' chosen representative.

Charges must be filed with an NLRB regional office within six months of the conduct. Remedies include reinstatement, back pay and posting a notice; in some cases the Board orders the employer to bargain. More on the charge process is in our entry on unfair labor practices. The labor side has its own list of prohibited union practices in Section 8(b).

What it means for recruiting and HR

Hiring. Refusing to hire someone because of union membership or past organizing is unlawful under Section 8(a)(3). Do not ask applicants about union views or membership. Paid union organizers who apply for jobs ("salts") are protected applicants and employees, a point the Supreme Court confirmed in 1995.

Handbooks and work rules. Broad rules banning discussion of pay, negative comments about the company, recording at work or speaking to the media can violate the Act. The Board's standard for reviewing work rules has changed several times, including the 2023 Stericycle decision, so write rules narrowly and include a statement that nothing limits Section 7 rights.

Pay confidentiality. Telling employees they may not discuss their wages with each other is unlawful for covered employees.

Severance agreements. Broad confidentiality and non-disparagement clauses in severance agreements for non-supervisory employees have been challenged as interfering with Section 7 rights. Have counsel review them.

Surveys and meetings during organizing. Soliciting grievances with an implied promise to fix them, or holding mandatory meetings to discuss unionization, raise risk; recent Board decisions have restricted both. Get labor counsel involved at the first sign of organizing.

Training supervisors: TIPS

Most NLRA violations in non-union workplaces are caused by front-line supervisors who did not know the rules. A simple teaching tool is TIPS: supervisors must not Threaten (job loss, closures, worse schedules), Interrogate (ask employees about union activity or how they feel about a union), Promise (raises or benefits if employees reject a union) or Spy (watch or appear to watch union activity). Supervisors can share facts and lawful opinions.

For a contact center or warehouse with 40 team leads, a 30-minute TIPS session in supervisor onboarding and a refresher each year costs little and prevents the most common charges.

The NLRB and changing standards

The National Labor Relations Board has two parts: a five-member Board that decides cases and a General Counsel who investigates and prosecutes. Members are appointed by the President, and the Board often overturns earlier decisions when its majority changes. Standards on work rules, joint employment, remedies and union elections have shifted several times in the last decade, and the Board's ability to act has also depended on whether it has a quorum. Check current law before relying on any one decision. This page is informational, not legal advice. The bargaining process itself is covered under collective bargaining.